Gender-based violence triggers differential treatment in housing benefit case

By Katarina Frostell, Project Manager and PhD Candidate, Institute for Human Rights, Åbo Akademi University, Finland

On 24 October 2019, the European Court of Human Rights delivered its judgment in J.D. and A. v. the United Kingdom, in the so-called bedroom tax case. In its judgment, the Court applied a discrimination analysis on the reduction of housing benefits involving two single mothers, whose housing benefits were reduced following a change in the national housing regulations. The applicants argued that they should be treated differently than the mainstream recipients of the benefit due to their special circumstances linked to disability and gender-based violence. In the second case involving gender discrimination, the Court found with five votes to two, a violation of Article 14 in conjunction with Article 1 of Protocol 1 on the right to property. The Court dismissed the claims of discrimination on the grounds of disability in the first case. Two judges submitted a partly dissenting opinion. Continue reading